Is there a way for someone to change their name while in jail?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is there a way for someone to change their name while in jail?

My mother, who is the administrator of my grandfather’s estate, is in jail and desires to sign her inheritance over to me. Unfortunately, the inheritance is in her maiden name; she is in jail under her married name and does not possess identification in her maiden name. A notary I spoke with said that she could not do it without identification. Is this true? Is there any way that someone can sign over their inheritance if it’s in a different name than there married name?

Asked on September 10, 2010 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

While it is true that she will need to provide some form of proof that she is who the Will says she is, I fail to see why she can not get the proof while in jail and sign an affidavit that includes the information needed. Can she obtain a copy of her marriage license with an official seal?  That, with maybe a copy of her birth certificate, seems to be all that she may need to show that she is one and the same person.  What the notary means is that they have to sign that the person that comes before them is the person who is listed in the document and the person that signed the document.  They need to show identification so without the proper documents showing who she is and has become along the way they can not notarize the document.  It does not mean that it can not be proven otherwise.. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption